2019-08-26

Biddu

Human Rights Defenders / West Bank

Once Again, An Arbitrary Detention!

His Excellency the Head of the Grievances and Human Rights Department at the Palestinian Police,

General. Rodaina Bani-Odah,

Subject: An Arbitrary Detention

MUSAWA- The Palestinian Center for the Independence of the Judiciary and the Legal Profession extends its warmest greetings to your Excellency, noting that on 22/8/2019, the center received a written complaint from Ahmad Hussein Ali Samara, stating that on August 21, 2019, his brother, who is married and with children, was detained from his house in Biddu by a force of both the Districts Police and the General Intelligence, with no reason given. The complainant informed MUSAWA that the detainee’s family has visited the Districts Police Station to inquire into the causes of the detention and that a police officer called …, answered them that the detainee is charged with resisting arrest. In its turn, the family illustrated that two days before detaining him, the Public Prosecution decided on releasing him from that charge, yet the police officer told the family that the detainee will not be released unless his children turn themselves in. The complainant added that he visited the Public prosecution on the following day and that he was informed that no new charges were lodged against his detainee brother.  

Concerning the detainee’s children, the complainant reported that they are involved in a land conflict case “Stop Work Order”, and that they were not home when the Police came to arrest them, so they ended up with arresting their father for resisting arrest. However, three days later, the Public Prosecution has released their father on bail, stressing that he has nothing to do with his children’s case, and that keeping him in custody will prolong the conflict between his nephews and their rivals, given that releasing their father will pave the way for reconciliation between the two parties.  

MUSAWA believes that this complaint entails a recurrence of Arbitrary Detention that requires holding its perpetrators accountable, and compensating the affected in accordance with the Basic Law provisions, particularly article No. 23, which provides for “Any violation of any personal freedom, of the sanctity of the private life of human beings, or of any of the rights or liberties that have been guaranteed by law or by this Basic Law shall be considered a crime. Criminal and civil cases resulting from such violations may not be subject to any statute of limitations. The National Authority shall guarantee a fair remedy to those who suffer from such damage”, and paragraph 2 of article No. 11 of the same law, which provides for “It is unlawful to arrest, search, imprison, restrict the freedom, or prevent the movement of any person, except by judicial order in accordance with the provisions of the law, and in accordance with the related guarantees and rights provided by the Code of Criminal Procedure.

Thus, we ask your Excellency to address our memo, and to take the needed legal actions in its regard, including the prompt release of the detainee, guaranteeing the complainant’s right for a fair reparation, and holding the police officers, who assume the responsibility of that unlawful detention, duly accountable, noting that the Police shall not hold a detainee in custody for more than 24 hours, and shall not refrain from implementing the instructions and decisions of the Public Prosecution, yet the police premeditated to ignore the Public Prosecution’s decision to release the detainee from the charges lodged against him. We hope that you keep us updated with the actions taken by your side duly.

With All Due Respect

Issued on 22/8/2019

Legal Monitoring Officer

Adv. Angham Mansour

Attachments: A copy of the complaint.

It is worth mentioning that MUSAWA called the Grievances and Human Rights Department at the Palestinian Police, which in its turn informed the center on August 2, 2019, that the detainee’s arrest is ordered by the governor!